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It's the law: City clears roads not sidewalks

STAFF REPORTS
Published on Tuesday, January 26, 2016

There should be no more confusion on who is responsible for sidewalk snow/ice removal at businesses and the penalty incurred for being non-compliance.

Jason Clark, owner of BIN112 and Strip Club 104 A Steak House, on Trade and Poinsett streets, respectively summed it up in laymen terms. “The city’s responsibility is to clear the road so emergency vehicles can get out first and then the public. If you own a business, it’s the owner’s responsibility.”

Clark lived in Washington, D.C. as a youth. “I grew up with a shovel. If it snowed you first cleared a path from the sidewalk to the street and then to the mailbox.”

Steve Owens, Communications Director for the City, offered the Code of Laws.

Sec. 78-7.-Snow, etc., removal

All persons owning or having charge of or control of real property which abuts on streets with sidewalks, shall promptly remove all sleet, snow and ice from the sidewalks abutting their respective properties. Upon refusal or failure of abutting owners to remove snow, ice or sleet from sidewalks the city may remove the snow, ice or sleet and charge the expense thereof to the abutting lands, to be collected by appropriate action in any court of competent jurisdiction. The person in charge, control, ownership or management of such property as tenant, owners or otherwise shall, upon conviction for failure to comply herewith, be punished as provided in section 1-14.

 

(Code 1982, § 26-8)

Sec. 1-14. - General penalty; continuing violations.

 

Wherever in this Code or in any ordinance or resolution of the city, or rule or regulation or order promulgated by any officer or agency of the city under authority duly vested in him, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not more than $500.00 or imprisonment not exceeding 30 days, or both such fine and imprisonment. Such sentence of imprisonment may be to the county prison camp. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense.

(Code 1982, § 1-14)

 

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